Texas judge is asked to grant new trial, reduce $1 billion award
Wyeth, which has set aside more than $16 billion to resolve fen-phen
litigation, asked a Texas judge Tuesday to reduce a $1 billion verdict
awarded to the family of a woman who died after taking the diet drug.
Lawyers for the pharmaceutical company asked Judge Donald Floyd in
Beaumont to grant a new trial based on errors they claimed took place during
the trial. They also asked him to overturn or cut the verdict to $35 million
or less.
"The law is very clear," said Wyeth lawyer Leslie Benitez. "There is no
basis for the court to avoid the state's punitive damages limitation." Judge
Floyd is expected to rule by the end of the month.
Cynthia Cappel-Coffey of Beaumont died in January 2003 of primary
pulmonary hypertension, a rare lung-shredding disease, after taking the diet
drug fen-phen. On April 27, a jury awarded her family $1.5 million in
economic damages, $112 million in additional actual damages and $900 million
in punitive damages.
Texas law limits punitive damages in most circumstances to twice the
amount of economic loss, plus $750,000.
Richard Clarkson, a lawyer representing the Cappel-Coffey family, said,
"The court has reviewed this time and time again. The evidence is more than
sufficient" to justify the award.
07/13/04